---
title: "Identify who can conduct the claim for a person under a legal disability"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/identify-who-can-conduct-the-claim-for-a-person-under-a-legal-disability"
type: "task"
site: "AI Law Framework"
id: "A21-IN20261023-3"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Identify who can conduct the claim for a person under a legal disability

> The tool lists, from the rules the lawyer names, who may conduct the claim and which filing step those rules require. It writes nothing that is filed, and it does not appoint anyone.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/identify-who-can-conduct-the-claim-for-a-person-under-a-legal-disability  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | The tool lists, from the rules the lawyer names, who may conduct the claim and which filing step those rules require. It writes nothing that is filed, and it does not appoint anyone. |
| What the lawyer must review | The lawyer decides who may conduct the claim and settles anything that must be filed. The tool's shortlist is not an appointment and is not filed. Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth). |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Check every instance**

The lawyer and the tool work together. The lawyer checks this output before it is used.

- What the AI does: The tool lists, from the rules the lawyer names, who may conduct the claim and which filing step those rules require. It writes nothing that is filed, and it does not appoint anyone.
- What the lawyer does: The lawyer decides who may conduct the claim and settles anything that must be filed. The tool's shortlist is not an appointment and is not filed. Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth).
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Confirm the shortlist uses litigation guardian in Victoria and Queensland, and tutor in New South Wales.
2. Confirm the tool has written nothing into a consent, a certificate, or any document to be filed.
3. In Victoria, do not treat an authorised person as entitled to act for a minor under r 15.03(2).
4. In New South Wales, do not describe the tutor as appointed merely because no order is required. Rule 7.16 still requires filing.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- Health and client information stays in a firm-controlled tool. A public tool is not used.
- The Queensland dictionary definition of person under a legal incapacity was not opened. Civil Procedure Act 2005 (NSW) s 3 was not extracted from the legislation portal.

## Sources

- [Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 15.01](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s15.01.html) (checked 2026-10-23)
- [Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 15.02](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s15.02.html) (checked 2026-10-23)
- [Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 15.03](https://www5.austlii.edu.au/au/legis/vic/consol_reg/sccpr2025433/s15.03.html) (checked 2026-10-23)
- [Supreme Court (General Civil Procedure) Rules 2025, version 003](https://www.legislation.vic.gov.au/in-force/statutory-rules/supreme-court-general-civil-procedure-rules-2025/003) (checked 2026-10-23)
- [County Court Civil Procedure Rules 2018 (Vic), r 15.03](https://classic.austlii.edu.au/au/legis/vic/consol_reg/cccpr2018380/s15.03.html) (checked 2026-10-23)
- [County Court Civil Procedure Rules 2018, version 021](https://www.legislation.vic.gov.au/in-force/statutory-rules/county-court-civil-procedure-rules-2018/021) (checked 2026-10-23)
- [Court Services Victoria: litigation guardians general guideline](https://courts.vic.gov.au/sites/default/files/publications/litigation-guardians-general-guideline.pdf) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 1999 (Qld), r 93](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s93.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 1999 (Qld), r 94](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s94.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 1999 (Qld), r 95](https://classic.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/s95.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 2005 (NSW), r 7.14](https://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s7.14.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 2005 (NSW), r 7.15](https://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s7.15.html) (checked 2026-10-23)
- [Uniform Civil Procedure Rules 2005 (NSW), r 7.16](https://www5.austlii.edu.au/au/legis/nsw/consol_reg/ucpr2005305/s7.16.html) (checked 2026-10-23)
- [Judicial Commission of NSW: persons under legal incapacity](https://www.judcom.nsw.gov.au/publications/benchbks/civil/persons_under_legal_incapacity.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Capacity and instructions checklist](https://ailawframework.com/precedents/personal-injury-and-compensation/capacity-and-instructions-checklist.md) | Checklist | Yellow | Checklist for whether the injured person can instruct on the decision in front of them today. It records observations and the support tried, and it does not certify that the person lacks capacity. |

Signed-in accounts can read the full text of each one.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/identify-who-can-conduct-the-claim-for-a-person-under-a-legal-disability/victoria.md) | Yellow |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/identify-who-can-conduct-the-claim-for-a-person-under-a-legal-disability/new-south-wales.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/identify-who-can-conduct-the-claim-for-a-person-under-a-legal-disability/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*